OPINION
TOM GRAY, Justice.
David Michael Cavender was charged with two counts of injury to the elderly. Cavender was convicted by a jury on one count and sentenced to four years in prison. The jury entered a verdict of not guilty as instructed by the court on the other count. Cavender's motion for new trial, in which he complained about the legal and factual sufficiency of the evidence, was overruled by operation of law. Cavender made a timely appeal.
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